Mangal Singh v. Union of India (1967)
In Re Mangal Singh, AIR 1967 SC 944 — Parliament’s power to form new States under Articles 2–4, and limits under Article 4 & Article 170(1).
mangal-singh-v-union-of-india-1967
Quick Summary
This case explains how Parliament may create or change States under Articles 2–4. The Court said: use these powers to keep the democratic design of the Constitution, not to break it. Any new State must have a working legislature, executive, and judiciary. Temporary changes—like a smaller assembly during transition—are allowed under Article 4(2), and such laws are not “constitutional amendments” under Article 368.
Issues
- Is the Punjab Reorganisation Act, 1966 valid under Articles 2–4?
- Can Parliament, under Article 4, temporarily go below Article 170(1)’s minimum for a State Legislative Assembly?
- Did the arrangement for the Legislative Council deny equality to members from the Haryana area?
Rules
- Articles 2 & 3: Parliament may admit, establish, or form new States and alter areas, boundaries, or names.
- Article 4(1)–(2): Laws under Articles 2–3 may include supplemental, incidental, or consequential provisions; such laws are not “amendments” under Article 368.
- Constitutional scheme: No State can exist without effective legislative, executive, and judicial organs.
Facts (Timeline)
1966: Parliament passes the Punjab Reorganisation Act to reorganise Punjab.
The Act is challenged in the Punjab High Court as “illegal” and ultra vires, including claims about Article 170(1) and equality.
High Court rejects the petition.
Appeal to Supreme Court: Appellants argue (i) Haryana Assembly size violates Art. 170(1); (ii) Council arrangement treats Haryana members unequally.
Arguments
Appellants
- Haryana Assembly size under Section 13(1) is below Article 170(1)’s minimum — hence unconstitutional.
- Legislative Council: members from Chandigarh continue for Punjab, but members from Haryana area lose seats — denial of equality.
Respondent (Union of India)
- Articles 2–4 allow transitional provisions needed to form or alter States.
- Article 4(2) treats such provisions as not being amendments under Article 368.
- No violation of equality; the arrangement is tied to smooth transition.
Judgment (Held)
- Appeal dismissed. The Act stands valid.
- Parliament cannot create a State without effective legislature, executive, and judiciary.
- Power to keep Assembly size below Article 170(1) minimum is implicit under Article 4 for transition.
- Such provisions are not “amendments” under Article 368 because of Article 4(2).
Ratio
Articles 2–4 give Parliament wide power to admit, form, and alter States. This power is for carrying out the constitutional plan, not defeating it. Article 4 allows temporary, incidental changes—including to constitutional schedules and numbers—to make State formation work, and labels these as outside Article 368.
Why It Matters
- Provides a clear rulebook for State creation and reorganisation.
- Protects the democratic core: every State must have working institutions.
- Gives Parliament flexibility for smooth transitions without constant formal amendments.
Key Takeaways
- Articles 2–4 = wide power + constitutional discipline.
- Article 4(2) shields transitional provisions from Article 368.
- New States must have the three organs: legislature, executive, judiciary.
- Temporary deviation from Art. 170(1) is allowed to settle the new State.
Mnemonic + 3-Step Hook
Mnemonic: “Form, Fix, Function”
- Form the State (Arts. 2–3).
- Fix the transition (Art. 4 incidental changes).
- Function must be democratic (organs must exist).
IRAC Outline
Issue: Validity of forming a new State and transitional provisions under Articles 2–4 vis-à-vis Article 170(1) and equality.
Rule: Articles 2–4 allow formation/alteration with supplemental, incidental, consequential provisions; Article 4(2) excludes Article 368.
Application: Punjab Reorganisation Act sought smooth transition; temporary assembly size and council arrangements linked to reorganisation need.
Conclusion: Act upheld; no violation. Parliament’s power is broad but must respect the constitutional framework.
Glossary
- Articles 2–4
- Provisions on admission, establishment, and alteration of States.
- Article 170(1)
- Sets the minimum size of a State Legislative Assembly.
- Incidental/Consequential
- Supportive steps needed to make the main change work.
- Ultra vires
- Beyond legal power or authority.
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